53942 Federal Register / Vol. 72, No. 183 / Friday, September 21, 2007 / Rules and Regulations 

Exceptions to Service Bulletin 

(i) Where Boeing Alert Service Bulletin 

747–54A2203, Revision 1, dated August 9, 

2007, specifies a compliance time after the 

date of the service bulletin, this AD requires 

compliance within the specified compliance 

time after the effective date of this AD. 

(j) Where Boeing Alert Service Bulletin 

747–54A2203, Revision 1, dated August 9, 

2007, specifies to contact Boeing for 

appropriate action, this AD requires, before 

further flight, repair of the discrepancy or 

replacement of the discrepant part using a 

method approved in accordance with the 

procedures specified in paragraph (k) of this 

AD. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested in accordance with the procedures 

found in 14 CFR 39.19. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Seattle ACO, to 

make those findings. For a repair method to 

be approved, the repair must meet the 

certification basis of the airplane, and the 

approval must specifically refer to this AD. 

Material Incorporated by Reference 

(l) You must use Boeing Alert Service 

Bulletin 747–54A2203, dated August 31, 

2000; and Boeing Alert Service Bulletin 747–

54A2203, Revision 1, dated August 9, 2007; 

to perform the actions that are required by 

this AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

Boeing Alert Service Bulletin 747–54A2203, 

Revision 1, dated August 9, 2007, in 

accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) On December 6, 2000 (65 FR 69862, 

November 21, 2000), the Director of the 

Federal Register approved the incorporation 

by reference of Boeing Alert Service Bulletin 

747–54A2203, dated August 31, 2000. 

(3) Contact Boeing Commercial Airplanes, 

P.O. Box 3707, Seattle, Washington 98124–

2207, for a copy of this service information. 

You may review copies at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington; or at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on 

September 14, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–18541 Filed 9–20–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 648 

[Docket No. 0612243159–7456–03; I.D. 

020507A] 

RIN 0648–AU34 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Monkfish 

Fishery; Framework Adjustment 4 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: NMFS implements new 

management measures for the monkfish 

fishery approved in Framework 

Adjustment 4 to the Monkfish Fishery 

Management Plan (FMP). This 

framework eliminates the control rule 

for determining management measures 

established by Framework Adjustment 2 

to the FMP, and establishes target total 

allowable catch (TAC) levels, trip limits, 

and days-at-sea (DAS) allocations for the 

final 3 years of the monkfish rebuilding 

plan. The intent of this action is to 

replace the Framework 2 control rule 

with measures consistent with the stock 

rebuilding goals established in the 

original FMP, and in accordance with 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) requirements. 

NMFS is publishing this action as an 

interim final rule in order to provide the 

opportunity for additional public 

comment because the approval of 

Framework 4 was based, in part, on the 

consideration of the integrated monkfish 

stock assessment, which was not 

available during the original public 

comment period. This action also 

contains three changes to address 

incorrect cross-references or duplicate 

regulatory text. 

DATES: The interim rule published on 

April 27, 2007 (72 FR 20952), which is 

scheduled to expire on October 28, 

2007, is superseded by this interim final 

rule and expires at 12:01 a.m. on 

October 22, 2007. The amendments in 

this interim final rule become effective 

at 12:02 a.m. on October 22, 2007. 

Comments on the measures contained in 

this interim final rule must be received 

by 5 p.m. on October 22, 2007. 

ADDRESSES: Copies of the 

Environmental Assessment (EA), 

including the Regulatory Impact Review 

(RIR) and Initial Regulatory Flexibility 

Analysis (IRFA), prepared for this action 

are available upon request from Paul 

Howard, Executive Director, New 

England Fishery Management Council, 

50 Water Street, Newburyport, MA, 

01950. The document is also available 

online at www.nefmc.org. NMFS 

prepared a Final Regulatory Flexibility 

Analysis (FRFA), which is contained in 

the classification section of this interim 

final rule. The small entity compliance 

guide is available from Patricia A. 

Kurkul, Regional Administrator, 

Northeast Regional Office, National 

Marine Fisheries Service, One 

Blackburn Drive, Gloucester, MA 01930 

2298, and on the Northeast Regional 

Office’s website at www.nero.noaa.gov/ 

nero/nr/. 

Written comments on this interim 

final rule may be submitted by any of 

the following methods: 

• E-mail: E-mail comments may be 

submitted to 

monkfish.FW4interim@noaa.gov. 

Include in the subject line the following 

‘‘Comments on the Interim Final Rule 

for Framework Adjustment 4.’’

• Mail: Comments submitted by mail 

should be sent to Patricia A. Kurkul, 

Administrator, Northeast Region, NMFS 

(Regional Administrator), One 

Blackburn Drive, Gloucester, MA 

01930–2298. Mark the outside of the 

envelope ‘‘Comments on the Interim 

Final Rule for Framework Adjustment 4 

to the Monkfish FMP.’’

• Facsimile (fax): Comments 

submitted by fax should be faxed to 

(978) 281–9135. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this interim 

final rule may be submitted to the 

Regional Administrator at the address 

listed above and by e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

(202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Allison McHale, Fishery Policy Analyst, 

e-mail Allison.McHale@noaa.gov, phone 

(978) 281–9103, fax (978) 281–9135. 

SUPPLEMENTARY INFORMATION: 


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Federal Register / Vol. 72, No. 183 / Friday, September 21, 2007 / Rules and Regulations 53943 

Background 

The monkfish fishery is jointly 

managed by the New England and MidAtlantic Fishery Management Councils 

(Councils), with the New England 

Fishery Management Council (NEFMC) 

having the administrative lead. The 

fishery extends from Maine to North 

Carolina, and is divided into two 

management units: The NFMA and the 

Southern Fishery Management Area 

(SFMA). The original Monkfish FMP 

established a framework adjustment 

process that requires an annual review 

by the Monkfish Monitoring Committee 

(MFMC) to evaluate the effectiveness of 

the FMP in meeting its conservation 

objectives. This annual review was a 

fairly general process calling for the 

development of target total allowable 

catch levels (TACs) for the upcoming 

fishing year based on the best scientific 

information available and consistent 

with the goals and objectives of the 

FMP. The annual review and target TAC 

setting process in the FMP was modified 

through the implementation of 

Framework Adjustment 2 (Framework 

2) (68 FR 22325; April 28, 2003) to 

establish a more specific and prescribed 

process for setting annual target TACs. 

Specifically, Framework 2 added a 

target TAC setting control rule based on 

the ratio of a 3-year running average of 

the NMFS fall trawl survey biomass 

index to an established annual biomass 

index target, compared to landings from 

the previous year. Based on the 

experiences of the last several years, it 

became apparent that the Framework 2 

control rule could result in measures 

that were inconsistent with the 

rebuilding goals of the FMP because 

changes to the target TACs are based, in 

large part, on prior landings. Thus, 

under the existing control rule, target 

TACs could be increased even when 

annual biomass rebuilding targets are 

not being met. 

The Councils initiated Framework 4 

during the spring of 2006 because of the 

above mentioned concerns regarding the 

Framework 2 control rule and the status 

of the monkfish resource with respect to 

the rebuilding schedule established in 

the FMP. The intent of Framework 4 is 

to replace the Framework 2 control rule 

with measures consistent with the stock 

rebuilding goals established in the 

original FMP. Due to concerns over the 

status of the monkfish resource and the 

fact that monkfish is in the seventh year 

of a 10-year rebuilding plan, NMFS 

postponed making a decision on 

Framework 4 and implemented interim 

measures for the start of the 2007 fishing 

year (72 FR 20952, April 27, 2007) until 

a new monkfish stock assessment could 

be conducted in July 2007. 

The results of the monkfish stock 

assessment, conducted by the Northeast 

Data Poor Stocks Working Group 

(Northeast Fisheries Science Center 

Reference Document 07–13) became 

available in August 2007. The summary 

report for this assessment entitled 

‘‘Monkfish assessment summary for 

2007’’ is available online at 

www.nefsc.noaa.gov/nefsc/publications/ 

crd/crd0713/. A new analytic model 

was developed and applied to the 

available scientific information for 

monkfish. Based on the existing biomass 

reference points in the FMP, monkfish 

is considered overfished in both the 

northern and southern stock 

management areas. New biological 

reference points were developed as part 

of the 2007 assessment, based on a 

revised yield-per-recruit analysis (using 

a revised value of the natural mortality 

rate) and results of a length-tuned model 

that incorporates multiple survey 

indices and catch data. Based on the 

reference points generated through this 

assessment, monkfish in both 

management regions would be 

considered not overfished, and 

overfishing is not occurring. However, 

the median and maximum sizes of 

monkfish in both the north and south 

have declined since the 1980s. 

The new assessment results are 

accompanied by substantial uncertainty, 

and therefore need to be viewed with 

caution. Reservations highlighted in the 

assessment report include: (1) input 

uncertainties (under-reported landings 

and unknown discards of monkfish 

during the 1980s and incomplete 

understanding of key biological 

parameters such as age and growth, 

longevity, natural mortality, and stock 

structure); (2) the shorter assessment 

time frame of data used (1980–2006) 

than was used in previous assessments 

(1963–2006); and (3) the relatively 

recent development of the assessment 

model. More specifically, the 

assessment hinges critically on 

assumptions regarding growth, 

longevity, and natural mortality of 

monkfish, all of which are poorly 

known. In addition, commercial catches 

prior to 1993 are not well characterized. 

Model results are sensitive to the 

assumed value of natural mortality, 

revised in this assessment from 0.2 to 

0.3 per year. This decision was based on 

the observed longevity of male and 

female fish in the resource; however, the 

actual lifespan of monkfish may be 

greater than that which has been 

observed thus far. Uncertainties in key 

life history parameters and historical 

catches are unlikely to be resolved in 

the short term. 

The assessment model was also used 

to evaluate the impacts of target TACs 

proposed in Framework 4 (5,000 mt in 

the north and 5,100 mt in the south), 

assuming long-term average 

recruitment. The results indicate that 

total biomass in both regions would 

increase through 2009 and remain above 

the newly estimated Btarget. In other 

words, if the new biomass reference 

points were applied, fishing at the 

Framework 4 target TAC levels would 

keep the stocks at levels such that they 

would not be considered overfished. 

However, these results did not 

incorporate any uncertainty associated 

with the stock size estimates for 2006, 

and further work is necessary to develop 

a complete forecasting approach The 

report concluded that the data-poor 

nature of this species and the significant 

uncertainty in assessing the stocks 

should be considered when developing 

management measures. 

The biomass reference points 

currently contained in the FMP, which 

are used to make stock status 

determinations, remain unchanged at 

this time. The Councils will be 

presented with the new stock 

assessment results in the next few 

months. If, on the basis of this new 

information, the Councils determine 

that the FMP should be amended to 

replace the existing biomass reference 

points with the new biomass reference 

point recommendations, the Councils 

would need to do so through a future 

action. A change in determination of 

overfished status for both of the 

monkfish stocks cannot be made unless 

and until the biomass reference points 

contained in the FMP are changed. 

However, the new assessment did not 

recommend a change in the fishing 

mortality reference point (Fmax), but did 

update the value associated with this 

reference point for each management 

area based upon the most recent 

information available. Thus, the 

determination can be made, based on 

the existing fishing mortality reference 

points, that overfishing is not occurring 

on either stock. Therefore, NMFS is 

approving Framework 4, under the 

rebuilding plan contained in the FMP, 

since the best available scientific 

information supports a determination 

that overfishing is no longer occurring 

on either stock, and because the target 

TACs contained in Framework 4 are 

appropriate for the management of the 

two monkfish stocks, given the 

considerable uncertainty that still 

remains. This action supercedes the 

interim rule, and the regulatory text in 

this interim final rule is written to 


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53944 Federal Register / Vol. 72, No. 183 / Friday, September 21, 2007 / Rules and Regulations 

amend the regulations in 50 CFR part 

648 as they appeared prior to 

implementation of the interim rule. In 

light of the integrated monkfish stock 

assessment results, which were not 

available during the public comment 

period, NMFS is seeking additional 

public comment on this action. 

Approved Framework Measures 

1. Target TACs for the NFMA and SFMA 

In addition to changing the annual 

adjustment process (i.e., the removal of 

the Framework 2 control rule), this 

action would establish target TACs of 

5,000 mt and 5,100 mt for the NFMA 

and SFMA, respectively, for the final 3 

years of the rebuilding plan (FY 2007–

FY 2009), unless otherwise modified by 

the MFMC during its annual review 

process. Essentially, this framework 

adjustment removes the Framework 2 

control rule and replaces it with target 

TACs that were developed based upon 

an analysis conducted by the Monkfish 

Plan Development Team (PDT). The 

target TACs developed by the PDT 

incorporate a synthesis of nine different 

methods for calculating target TACs for 

the monkfish fishery. These target TACs 

represent the PDT’s best estimate of 

target catch levels that could facilitate 

stock rebuilding but maintain a limited 

directed monkfish fishery, and are the 

basis for calculating DAS allocations 

and trip limits for each management 

area. The target TAC for the NFMA is 

35 percent lower than the target TAC in 

effect for FY 2006, and 67 percent lower 

than the average of target TACs in effect 

since FY 2002. The target TAC for the 

SFMA is 39 percent higher than the 

target TAC in effect for FY 2006, but is 

33 percent lower than the average of the 

target TACs in effect since FY 2002. 

Therefore, both target TACs represent a 

decrease in overall effort since the 

implementation of the FMP. A copy of 

the target TAC analysis conducted by 

the PDT is contained in Appendix I of 

the Framework 4 document (see 

ADDRESSES). 

2. DAS Requirement for the NFMA 

This interim final rule requires 

limited access monkfish vessels that are 

fishing in the NFMA to declare a 

monkfish DAS if the vessel exceeds, or 

is anticipating to exceed, the applicable 

monkfish incidental catch limit. Under 

this provision, if the vessel is equipped 

with a vessel monitoring system (VMS) 

unit and is fishing under a NE 

multispecies Category A DAS in the 

NFMA, it may declare a monkfish DAS 

any time prior to crossing the VMS 

demarcation line upon returning to port 

or leaving the NFMA if the applicable 

monkfish incidental catch limit is 

exceeded during the course of the trip. 

In addition, this action revises the 

minimum mesh size applicable to 

limited access monkfish gillnet vessels 

fishing in the NFMA that change their 

DAS declaration from a NE multispecies 

Category A DAS to a monkfish DAS 

while at sea. Such vessels will be 

subject to the smaller NE multispecies 

gillnet minimum mesh size associated 

with the NE multispecies regulated 

mesh area in which the vessel is fishing 

versus the relatively larger monkfish 

gillnet minimum mesh size 

requirement. 

The purpose of the at-sea declaration 

component of this management measure 

is to minimize discards and promote 

safety. For example, if a vessel fishing 

for NE multispecies under a Category A 

DAS in the NFMA exceeds the monkfish 

incidental catch limit, this provision 

enables the vessel to retain the 

additional monkfish by declaring a 

monkfish DAS. Otherwise, the vessel 

would be required to discard the 

additional monkfish or stay at sea long 

enough to account for the overage of the 

incidental limit, which is based on a NE 

multispecies DAS. The decision to 

apply this at-sea declaration provision 

only to vessels fishing in the NFMA is 

a recognition of the differences in how 

the monkfish fishery is prosecuted in 

each management area, particularly in 

the ability to target monkfish with 

minimal bycatch of NE multispecies. As 

such, vessels holding both limited 

access NE multispecies and limited 

access monkfish permits are far more 

likely to exceed the monkfish incidental 

limit while fishing for NE multispecies 

on a NE multispecies DAS in the NFMA 

than they are in the SFMA. For these 

reasons, the original FMP applied 

different gear requirements in the two 

areas, and placed no restrictions on the 

monkfish catch by monkfish limited 

access vessels fishing on a NE 

multispecies DAS in the NFMA. For the 

same reasons, the need to provide 

limited access monkfish vessels fishing 

in the NFMA with the flexibility 

provided by this at-sea declaration 

provision outweighs any potential abuse 

of this provision in that area, in contrast 

to the SFMA, where the need for such 

flexibility is much less, and does not 

outweigh the potential for abuse of this 

provision in that area. 

3. Trip Limits and DAS Allocations for 

the NFMA 

This action establishes an annual 

monkfish DAS allocation of 31 DAS for 

limited access monkfish vessels fishing 

in the NFMA. This action also 

establishes NFMA trip limits of 1,250 lb 

(567 kg) tail weight per DAS for limited 

access monkfish Category A and C 

vessels, and 470 lb (213 kg) tail weight 

per DAS for limited access monkfish 

Category B and D vessels. The DAS 

allocations contained in this interim 

final rule are for the entire FY 2007, 

and, as such, are inclusive of the DAS 

allocated under the April 27, 2007, 

interim rule. Therefore, vessels 

previously allocated 31 DAS under the 

interim rule will not be granted any 

additional DAS under this interim final 

rule. 

4. Trip limits and DAS Allocations for 

the SFMA 

This action restricts limited access 

monkfish vessels fishing in the SFMA to 

23 monkfish DAS annually. Due to the 

difference between the proposed DAS 

allocations for the NFMA and the SFMA 

contained in Framework 4, this action 

establishes an annual allocation of 31 

monkfish DAS for all limited access 

monkfish vessels, but restricts vessels to 

using no more than 23 of their allocated 

31 monkfish DAS in the SFMA. The 

DAS restrictions in this interim final 

rule are for the entire FY 2007, and, as 

such, are inclusive of the DAS 

restrictions contained in the April 27, 

2007, interim rule. Therefore, vessels 

previously restricted to using 12 

monkfish DAS in the SFMA under the 

interim rule will be authorized to use an 

additional 11 monkfish DAS, not 

counting any available carryover DAS, 

during FY 2007 through this interim 

final rule, for a total of 23 DAS during 

FY 2007. 

This action also establishes SFMA 

trip limits of 550 lb (249 kg) tail weight 

for limited access monkfish Category A, 

C, and G vessels; and 450 lb (204 kg) tail 

weight per DAS for limited access 

monkfish Category B, D, and H vessels. 

These are the same trip limits in effect 

during FY 2006 and under the interim 

rule. 

5. Monkfish Incidental Catch Limit for 

the NFMA 

This action reduces the monkfish 

incidental catch limit applicable to 

limited access monkfish vessels 

(Categories A, B, C, D, F, G, and H) and 

open access monkfish vessels (Category 

E) fishing under a NE multispecies DAS 

in the NFMA from 400 lb (181 kg) tail 

weight per NE multispecies DAS, or 50 

percent of the weight of fish on board, 

to 300 lb (136 kg) tail weight per DAS, 

or 25 percent of the weight of fish on 

board. The revised incidental catch 

limit for the NFMA is equivalent to that 

implemented in the original FMP. 


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Federal Register / Vol. 72, No. 183 / Friday, September 21, 2007 / Rules and Regulations 53945 

6. Target TAC Overage Backstop 

Provision 

The target TACs and associated 

management measures contained in this 

interim final rule are intended to remain 

in effect for the final 3 years of the FMP 

rebuilding program. The method that 

has been used to calculate trip limits 

and DAS allocations for the SFMA since 

FY 2002 has proven to be effective at 

keeping landings at or near the annual 

target TACs. However, there is no 

assurance that the success of this 

method will continue, or that similar 

results will occur for the NFMA, where 

there has been no monkfish trip limit 

since the implementation of the FMP. 

As a result, the Councils recommended 

a target TAC overage backstop provision 

in Framework 4 that enables the 

Regional Administrator to adjust the 

DAS available in either or both 

management areas for FY 2009 if the 

target TACs are exceeded by between 10 

and 30 percent during FY 2007. If the 

target TACs are exceeded by more than 

30 percent, the directed monkfish 

fishery would be closed in FY 2009 in 

the area in which this overage occurred. 

7. Extension of Measures Beyond FY 

2009 

If a subsequent regulatory action is 

not in place prior to the end of FY 2009, 

Framework 4 contains a provision to 

extend management measures into FY 

2010 and beyond. Under this interim 

final rule, the management measures in 

place for FY 2009 would remain in 

effect in FY 2010 and beyond unless the 

target TAC overage backstop provision 

(see item 6) results in the closure of the 

directed monkfish fishery during FY 

2009. In this case, the management 

measures in effect for FY 2010 and 

beyond would be those in effect during 

FY 2008 in the area where the directed 

fishery had been closed. 

8. Revision to Boundary Line for 

Category H Permit Holders 

This action revises the northern 

boundary line applicable to limited 

access monkfish Category H permit 

holders. These vessels were allowed to 

enter the fishery through an extension to 

the monkfish limited access program 

established in Amendment 2 to the 

FMP. A total of seven vessels qualified 

for Category H permits under this 

program. Under the provisions of the 

program contained in Amendment 2, 

these vessels were restricted to fishing 

in the area south of 38°20′N lat. These 

vessels have a limited season when 

monkfish are available during the late 

spring. In addition, these vessels are 

constrained by sea turtle closures that 

essentially restrict the fishery to an area 

that is 20 nautical miles (37 km) wide. 

As a result, Framework 4 shifts the 

northern boundary line applicable to 

limited access monkfish Category H 

vessels northward by 20 nautical miles 

(37 km) to 38°40′ N lat. in order to 

increase the opportunity for the affected 

vessels to prosecute the monkfish 

fishery, and provide some additional 

area to move into, in the event that sea 

turtles appear in the area north of 38°00′ 

N lat., which is the northern boundary 

of the sea turtle closure area. 

9. Scallop Closed Area Access Program 

Monkfish Incidental Catch Limit 

Prior to the final approval of 

Framework 4 by the Councils, 

representatives from the scallop fishing 

industry requested that the Councils 

clarify their intent with respect to the 

monkfish incidental catch limits 

applicable to scallop dredge vessels 

fishing in the Scallop Area Access 

Program, because changes to the 

program resulting from Scallop 

Framework 18 changed the monkfish 

incidental catch limit applicable to 

these areas. The final rule implementing 

Framework 18 to the Scallop FMP 

removed DAS counting for vessels 

fishing in the Scallop Area Access 

Program. As a result, the monkfish 

possession limit dropped from 300 lb 

(136 kg) tail weight per scallop DAS to 

50 lb (23 kg) tail weight per day fished, 

up to a maximum of 150 lb (68 kg) tail 

weight in the access areas. Based on 

input from the scallop fishing industry, 

Framework 4 revises the monkfish 

possession limit applicable to limited 

access scallop vessels fishing in the 

Scallop Area Access Program to be 300 

lb (136 kg) tail weight per day fished 

within the access area, not to include 

steaming time. 

10. Re-establishment of Carryover DAS 

The April 27, 2007, interim rule 

prohibited the use of carryover DAS. By 

default, since the Councils chose to take 

no action to change the DAS carryover 

provisions through Framework 4, this 

action re-establishes the Monkfish FMP 

provision allowing limited access 

monkfish vessels to carryover up to 10 

unused monkfish DAS from one fishing 

year to the next. 

11. Additional Changes 

A section of the final rule 

implementing Joint NE Multispecies 

Framework 42/Monkfish Framework 3 

(71 FR 62156; October 23, 2006) that 

pertained to the NE Multispecies 

Regular B DAS Program contained an 

error in a cross-reference to the 

monkfish possession limit regulations 

under § 648.94. This action revises the 

incorrect cross-reference of 

§ 648.94(b)(7) found under 

§ 648.85(b)(6)(iv)(D) to be § 648.94(b)(3). 

This error was the result of an oversight 

in carrying forward regulatory changes 

from the April 13, 2006, emergency 

interim rule to the NE Multispecies FMP 

(71 FR 19348) that were also contained 

in this joint framework (i.e., the crossreference was not updated in the final 

rule implementing this joint 

framework). 

This action also makes two additional 

changes that appear to be oversights in 

the regulatory text implementing 

Amendment 2 to the Monkfish FMP (70 

FR 21927; April 28, 2005). The first 

correction deletes a cross reference to 

§ 648.93(b)(2) in the prohibition 

concerning the monkfish management 

area declaration requirement, found at 

§ 648.14(y)(21), since it is no longer 

valid. Amendment 2 eliminated the 

need for an area declaration requirement 

associated with the monkfish minimum 

fish size provisions under § 648.93 since 

that action made the minimum fish size 

equivalent across both management 

areas. In addition, this interim final rule 

removes some duplicate regulatory text 

concerning the impact of the NE 

multispecies leasing program on 

monkfish DAS found at 

§ 648.92(b)(2)(iii) that should have been 

deleted when that section was revised 

during the Amendment 2 rulemaking 

process. 

Comments and Responses 

The public comment period on the 

proposed rule for Framework 4 ended 

on April 19, 2007, with 24 comments 

received. All of the public comments, 

except one, supported the management 

measures contained in Framework 4. 

Only comments that were applicable to 

the proposed measures, including the 

analyses used to support these 

measures, are addressed in this 

preamble. In implementing inseason 

framework adjustment measures such as 

Framework 4, NMFS may only approve 

or disapprove measures, and may not 

select another alternative considered 

(and not rejected) by the Councils or 

unilaterally modify any measure in a 

substantive way pursuant to the 

monkfish inseason framework 

adjustment provisions found under 

§ 648.96(c)(2), unless the framework 

action was initiated through the FMP 

annual review process as specified 

under § 648.96(c)(1). 

Comment 1: One commenter stated 

that the monkfish quotas should be cut 

by 50 percent this year and by 10 

percent each succeeding year. 


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53946 Federal Register / Vol. 72, No. 183 / Friday, September 21, 2007 / Rules and Regulations 

Response: The target TACs being 

implemented in this interim final rule 

represent an average decrease of 50 

percent in overall fishing effort (i.e., 

across both management areas) since FY 

2002. Specifically, the target TAC for 

the NFMA is 35 percent lower than the 

target TAC in effect for FY 2006, and 67 

percent lower than the average of the 

target TACs in effect since FY 2002. 

Similarly, although the target TAC for 

the SFMA is 39 percent higher than the 

target TAC in effect for FY 2006, it is 33 

percent lower than the average of the 

target TACs in effect since FY 2002. The 

appropriateness of these target TACs is 

further confirmed by a recently 

completed integrated monkfish stock 

assessment. 

Comment 2: Twelve of the 

commenters expressed support for the 

‘‘Backstop’’ and ‘‘Extension’’ provisions 

contained in Framework 4. In addition 

to expressing general support for these 

provisions, one commenter noted that 

the ‘‘Backstop’’ provision should be 

linked to a clearly defined agency 

commitment to a dynamic monkfishspecific survey/assessment process. 

Otherwise, they noted, decisions 

affecting the monkfish fishery over the 

long term would not be based on 

relevant data. 

Response: NMFS acknowledges the 

commenters’ support of these measures 

and is fully aware of the data needs for 

this fishery. The Monkfish Research SetAside (RSA) Program is aimed at 

gathering this much needed information 

through cooperative research. 

Comment 3: Eleven commenters 

supported the provision to revise the 

northern boundary line applicable to 

limited access monkfish Category H 

vessels by moving this boundary 

northward by 20 nautical miles (37 km). 

Response: NMFS acknowledges the 

need for the boundary line change as 

conveyed by members of the fishing 

industry, as outlined in item 8 of the 

description of approved measures 

contained in the preamble to this 

interim final rule. 

Comment 4: Twelve commenters 

expressed support for the revision to the 

incidental catch limit applicable to 

limited access scallop vessels that 

participate in the Scallop Area Access 

Program, with one commenter, a 

representative for the scallop industry, 

detailing the need for this measure. 

Response: NMFS recognizes the need 

for this revision, which was triggered by 

a change in the Sea Scallop FMP 

(Framework Adjustment 18) that 

removed the DAS requirements for the 

Scallop Access Areas. The rationale for 

this management measure is provided in 

item 9 of the description of approved 

measures contained in the preamble to 

this interim final rule, and is not 

repeated here. 

Comment 5: Eleven commenters 

expressed support for the reduction in 

the incidental catch limit in the NFMA 

applicable to monkfish vessels (limited 

and open access) fishing under a NE 

multispecies DAS. 

Response: NMFS acknowledges the 

industry’s support for this measure 

being implemented in this interim final 

rule. The rationale for this measure is 

provided in item 5 of the description of 

approved measures contained in the 

preamble to this interim final rule, and 

is not repeated here. 

Comment 6: Six commenters 

expressed support for the management 

measure requiring vessels that fish in 

the NFMA to use a monkfish DAS if the 

vessel intends to harvest monkfish in 

excess of the incidental catch limit. Five 

commenters specifically commented on 

the provision contained within this 

measure that would allow vessels 

fishing in the NFMA that start a trip 

under a NE multispecies Category A 

DAS to change their DAS declaration to 

a monkfish DAS through the vessel’s 

VMS unit while at sea, and prior to 

crossing the VMS demarcation line its 

return to port. 

Response: NMFS initially expressed 

concerns over the DAS change 

provision, since it is unclear how this 

provision will enable vessels to more 

efficiently utilize their monkfish DAS, 

which could lead to an overage in the 

target TAC. However, these initial 

concerns are outweighed by the benefit 

of requiring the use of monkfish DAS in 

the NFMA, to which this provision is 

tied in Framework 4. A full discussion 

of the rationale for this measure is 

provided in item 2 of the description of 

approved measures contained in the 

preamble to this interim final rule. 

Comment 7: Twelve individuals 

commented on the proposed change to 

the DAS carryover provision contained 

in Framework 4. The Councils voted not 

to change the DAS carryover provision 

in Framework 4, and 11 of these 

commenters supported that decision. 

However, one individual expressed 

concern over the Councils decision, 

suggesting that a 10 DAS carryover is 

too high for a fishery allocated so few 

DAS. 

Response: NMFS is also concerned by 

the Council’s decision not to revise the 

DAS carryover provision in Framework 

4, although its concerns are somewhat 

allayed based on the recently completed 

integrated monkfish stock assessment. 

In FY 2006, the target TAC for the 

SFMA was exceeded by over 60 percent, 

likely due to the use of carryover DAS. 

NMFS intends to urge the Council to readdress the DAS carryover provision in 

its next action. 

Comment 8: Eleven individuals 

supported maintaining the 40 monkfish 

DAS allocation, but reducing current 

DAS usage. 

Response: None of the DAS 

alternatives considered by the Councils 

in Framework 4 included a provision 

that would maintain the annual 

monkfish DAS allocation at 40 DAS but 

reduce current DAS usage. What was 

proposed by the Councils, and is being 

implemented in this interim final rule, 

is the management measure allocating 

all limited access monkfish vessels a 

reduced annual monkfish DAS 

allocation of 31 DAS, but restricting 

DAS usage in the SFMA to 23 DAS. 

Changes From the Proposed Rule 

NMFS has made eight changes to the 

proposed rule, all of which are to ensure 

consistency with and effective 

implementation of Framework 4 as it 

relates to management measures in 

other FMPs. Two of these have been 

made to incorporate changes to the 

minimum mesh size requirement 

applicable to limited access monkfish 

gillnet vessels fishing in the NFMA that 

change their DAS declaration from a NE 

multispecies Category A DAS to a 

monkfish DAS while at sea, as provided 

in Framework 4, since these changes 

were left out of the proposed rule. The 

third change is a correction to the final 

rule implementing Joint NE 

Multispecies Framework 42/Monkfish 

Framework 3 to update an incorrect 

cross-reference concerning the NE 

Multispecies Regular B DAS Program. 

The fourth change has been made to 

update the cross-reference to the 

incidental catch restrictions for limited 

access monkfish vessels when not 

fishing under a DAS program to be 

inclusive of all the applicable incidental 

catch limit regulations. The fifth change 

makes a similar revision to the monkfish 

incidental catch restrictions applicable 

to general category and limited access 

scallop vessels to include a reference to 

limited access monkfish vessels not 

fishing under a scallop DAS. The sixth 

change deletes a cross-reference in the 

monkfish prohibitions that is no longer 

valid, and the seventh change deletes 

some duplicate regulatory text under the 

monkfish effort control regulations. The 

eighth change adds a sentence 

concerning a prohibition on the use of 

NE multispecies B Regular DAS in 

conjunction with a monkfish DAS to the 

monkfish effort control regulations that 

currently exist, but was left out of the 

proposed revision to § 648.92(b)(2)(i) 

contained in the proposed rule. These 


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Federal Register / Vol. 72, No. 183 / Friday, September 21, 2007 / Rules and Regulations 53947 

eight changes are specifically identified 

as follows. 

In § 648.14, paragraph (y)(21) has 

been revised to delete the crossreference to § 648.93(b)(2). 

In § 648.85, paragraph (b)(6)(iv)(D) has 

been revised to correct the crossreference to the monkfish possession 

limits applicable to limited access 

monkfish vessels fishing under the NE 

Multispecies Regular B DAS Program 

from § 648.94(b)(7) to § 648.94(b)(3). 

In § 648.91, paragraph (c)(1)(iii) has 

been revised to include a change to 

minimum mesh size restrictions 

applicable to limited access monkfish 

vessels fishing with gillnet gear in the 

NFMA that change their DAS 

declaration from a NE multispecies 

Category A DAS to a monkfish DAS 

while at sea. Under the DAS change 

provision contained in Framework 4, 

these vessels are subject to the NE 

multispecies gillnet minimum mesh size 

associated with the NE multispecies 

regulated mesh area in which the vessel 

is fishing, versus the monkfish gillnet 

minimum mesh size. 

In § 648.92, paragraph (b)(1)(iii) has 

been revised to include a reference to 

the minimum mesh size requirement 

applicable to limited access monkfish 

gillnet vessels fishing in the NFMA that 

change their DAS declaration from a NE 

multispecies Category A DAS to a 

monkfish DAS while at sea. As noted 

above, under the DAS change provision 

contained in Framework 4, these vessels 

are subject to the NE multispecies 

minimum mesh size associated with the 

NE multispecies regulated mesh area in 

which the vessel is fishing. In addition, 

some additional wording was added to 

clarify that the NE multispecies DAS 

provisions referenced are those 

requiring the use of a NE multispecies 

Category A DAS with a monkfish DAS. 

In § 648.92, paragraph (b)(2)(i) has 

been revised to include a sentence 

concerning the prohibition on the use of 

a NE multispecies B Regular DAS to 

satisfy the requirement to use a NE 

multispecies DAS in conjunction with a 

monkfish DAS that is applicable to 

monkfish limited access Category C, D, 

F, G, or H vessels that also possess a 

limited access NE multispecies DAS 

permit. 

In § 648.92, paragraph (b)(2)(iii) has 

been removed. 

In § 648.94, paragraph (b)(6) has been 

revised to update the cross-reference to 

the monkfish incidental catch 

regulations in order to clarify that all 

limited access monkfish vessels are 

subject to the same incidental catch 

restrictions as open access Category E 

vessels when not fishing under a DAS. 

In § 648.94, paragraph (c)(8) has been 

revised to include the following phrase 

under paragraphs (c)(8)(A) and (B) ‘‘or a 

valid limited access Category C, D, F, G, 

or H permit, and also possessing’’ to 

clarify that all limited access monkfish 

vessels possessing scallop permits are 

subject to the same incidental catch 

restrictions as open access Category E 

vessels possessing scallop permits when 

not fishing under a DAS. 

Pursuant to the Paperwork Reduction 

Act (PRA), 15 CFR part 902 lists control 

numbers assigned to NMFS information 

collection requirements by OMB. This 

part fulfills the requirements of section 

3506(c)(1)(B)(i) of the PRA, which 

requires that agencies display a current 

control number, assigned by the 

Director of OMB, for each agency 

information collection requirement. 

This interim final rule codifies OMB 

Control Number 0648–0561 for § 648.92. 

Under NOAA Administrative Order 

205–11, dated December 17, 1990, the 

Under Secretary for Oceans and 

Atmosphere has delegated authority to 

sign material for publication in the 

Federal Register to the Assistant 

Administrator for Fisheries, NOAA. 

Classification 

The Administrator, Northeast Region, 

NMFS, determined that Framework 4 is 

necessary for the conservation and 

management of the monkfish fishery 

and that it is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This interim final rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

NMFS, pursuant to section 604 of the 

Regulatory Flexibility Act (RFA), 

prepared this FRFA in support of the 

approved measures in Framework 4. 

The FRFA incorporates the IRFA, a 

summary of the significant issues raised 

by the public comments in response to 

the IRFA, NMFS responses to those 

comments, and a summary of the 

analyses completed to support the 

action. The preamble to the proposed 

rule included a detailed summary of the 

analyses contained in the IRFA, and that 

discussion is not repeated here. A copy 

of the EA/RIR/IRFA is available from 

the NEFMC (see ADDRESSES). 

Final Regulatory Flexibility Analysis 

Statement of Objective and Need 

A description of why this action was 

considered, the objectives of, and the 

legal basis for this interim final rule are 

contained in the preambles to the 

proposed rule and this interim final rule 

and are not repeated here. 

Summary of Significant Issues Raised in 

Public Comments 

Twenty-four public comments were 

submitted on the proposed rule. 

However, none of these comments were 

specific to the IRFA or the economic 

effects of the rule. NMFS has responded 

to these comments in the Comments and 

Responses section of the preamble to 

this interim final rule. No changes were 

made to this interim final rule as a 

result of the comments received. 

Description and Estimate of Number of 

Small Entities to Which the Rule will 

Apply 

The Small Business Administration 

(SBA) defines small businesses in the 

commercial fishing sector as firms with 

receipts (gross revenues) of up to $4.0 

million. All of the entities (fishing 

vessels) affected by this action are 

considered small entities under the SBA 

size standards for small fishing 

businesses. Therefore, there is no 

disproportionate impact on small 

entities compared to large entities. As of 

August 16, 2007, there were 724 limited 

access monkfish permit holders and 

1,981 vessels holding an open access 

Category E monkfish permit. This action 

would affect all active limited access 

vessels, and any open access monkfish 

vessels that land monkfish from the 

NFMA. 

Vessel activity reports for FY 2005 

indicate that 627 limited access 

monkfish permit holders participated in 

the monkfish fishery. Of these vessels, 

150 fished exclusively in the NFMA and 

226 fished exclusively in the SFMA, 

with the remaining 251 fishing in both 

management areas. During the same 

time period, vessel activity reports 

indicate that 570 incidental permit 

holders reported landing monkfish. Of 

these vessels, 163 landed monkfish only 

from the NFMA, 344 landed monkfish 

only from the SFMA, and 63 landed 

monkfish from both management areas. 

Based upon this information, the 

management measures contained in 

Framework 4 will affect at least the 627 

limited access monkfish vessels that 

fished for monkfish and the 226 

incidental permit holders landing 

monkfish from the NFMA during FY 

2005. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

The only approved Framework 4 

measure that requires either new or 

revised reporting and recordkeeping 

requirements is the provision that 

enables limited access monkfish vessels 

that are fishing in the NFMA, that also 


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53948 Federal Register / Vol. 72, No. 183 / Friday, September 21, 2007 / Rules and Regulations 

possess a limited access NE 

multispecies DAS permit, to change 

their DAS declaration through the 

vessel’s VMS unit from a Category A NE 

multispecies DAS to a monkfish DAS 

while at sea and prior to crossing the 

VMS demarcation line on the vessel’s 

return to port. Additional information 

regarding the projected reporting or 

recordkeeping costs associated with this 

action was made available for review in 

NMFS’s PRA submission to OMB on 

March 20, 2007. There are no other 

compliance requirements associated 

with this interim final rule 

implementing Framework 4. 

Description of the Steps Taken to 

Minimize Economic Impact on Small 

Entities 

The management measures contained 

in Framework 4 represent a reduction in 

fishing opportunities for vessels fishing 

in the NFMA, in comparison to previous 

fishing years, resulting from 

implementation of the requirement that 

vessels fishing in the NFMA use 

monkfish DAS if they exceed, or intend 

to exceed, the incidental catch limit; a 

reduction in the total annual DAS 

allocations for limited access monkfish 

vessels; and establishment of trip limits 

for vessels fishing under a monkfish 

DAS in this management area. To 

minimize the impacts of these 

management measures on vessels 

fishing in the NFMA, the Councils 

included a provision in Framework 4 

that allows limited access monkfish 

vessels that fish in the NFMA, if 

equipped with a VMS unit, to change 

the DAS declaration from a NE 

multispecies Category A DAS to a 

monkfish DAS while at sea, but prior to 

crossing the VMS demarcation line on 

the return to port. This provision 

provides these vessels with the 

flexibility of declaring a monkfish DAS 

during the course of a trip versus 

wasting a monkfish DAS if the vessel is 

unable to harvest monkfish in excess of 

the incidental catch limit. In addition, 

this provision promotes safety and 

prevents discards because it enables a 

vessel that exceeds the incidental catch 

limit to change its DAS declaration to a 

monkfish DAS versus discarding the 

extra monkfish or staying at sea long 

enough to cover the overage, as the 

incidental catch limit is based on 

pounds per NE multispecies DAS. 

In addition, the Framework 4 

management measure requiring vessels 

to declare a monkfish DAS in the NFMA 

if they exceed the incidental catch limit 

also includes a provision that enables 

gillnet vessels to fish with a smaller 

minimum mesh size, the NE 

multispecies minimum mesh size 

applicable to the regulated mesh area in 

which the vessel is fishing, if that vessel 

changes its DAS declaration from a NE 

multispecies Category A DAS to a 

monkfish DAS while at sea. This 

provision enables gillnet vessels to fish 

with both their monkfish gillnet gear 

and their NE multispecies gear on the 

same trip, which they are currently 

prohibited from doing under the 

existing interim rule, which did not 

temporarily implement this DAS 

declaration change provision contained 

in Framework 4. This provision is 

important because it enables monkfish 

gillnet vessels that fish in the NFMA to 

operate in the same manner as they have 

historically, thereby minimizing the 

economic impacts associated with the 

reducing fishing opportunities resulting 

from the NFMA management measures 

contained in Framework 4. 

The reduction in the incidental catch 

limit applicable to limited access and 

open access monkfish vessels fishing 

under only a NE multispecies DAS in 

the NFMA contained in Framework 4 is 

expected to have a minimal impact on 

monkfish vessels that fish in the NFMA 

because the majority of these vessels 

currently land fewer than the reduced 

incidental limit of 300 lb (136 kg) tail 

weight per NE multispecies DAS. In FY 

2005, 78.2 percent of all trips by 

monkfish vessels fishing in the NFMA 

landed less than the revised 300–lb 

(136–kg) tail weight limit, while 82.4 

percent of these trips landed less than 

the previous 400–lb (181–kg) tail weight 

limit. However, monkfish limited access 

Category A and C vessels had a larger 

percentage of trips in excess of the 

previous and revised incidental catch 

limits. During FY 2005, only 13.2 

percent of trips by monkfish limited 

access Category A vessels were less than 

400 lb (181 kg) tail weight and 5.3 

percent of trips were less than 300 lb 

(136 kg) tail weight. For limited access 

Category C vessels, 48.8 percent of the 

FY 2005 trips were less than 400 lb (181 

kg) tail weight and 42.2 percent of the 

trips were less than 300 lb (136 kg) tail 

weight. However, under Framework 4, 

these vessels will have monkfish DAS 

that they can utilize in the NFMA to 

land monkfish in excess of the revised 

incidental catch limit, minimizing the 

economic impact of this measure. 

The target TAC overage backstop 

provision will either reduce the DAS 

allocation or close the fishery in a 

management area if the target TAC for 

that management area is exceeded by 

more the 10 percent during FY 2007. 

The Councils understood that, given the 

inability to precisely predict future 

fishing behavior, measures should be 

put in place in case the target TACs are 

exceeded. Although this provision 

could lead to the closure of the fishery 

in FY 2009, the provision extending 

measures beyond FY 2009, contained in 

Framework 4, would reopen the fishery 

in FY 2010, and reinstate the 

management measures in effect during 

FY 2008. Therefore, the potential 

negative economic impacts associated 

with the target TAC overage provision 

are minimized by the provision to 

extend fishery management measures 

beyond FY 2009. 

The remaining management measures 

being implemented through this interim 

final rule are less restrictive than those 

previously in effect, thereby minimizing 

the economic impacts of this action on 

small entities. These less restrictive 

measures include an increase in the 

monkfish DAS available for use in the 

SFMA (from 12 DAS to 23 DAS); a 

revision to the northern boundary line 

applicable to limited access Category H 

monkfish vessels that expands the area 

in which these vessels can operate by 20 

nautical miles (37 km); and a revision to 

the incidental catch limit applicable to 

limited access scallop vessels that are 

participating in the Scallop Area Access 

Program that increases the amount of 

monkfish these vessels can land, which 

is roughly equivalent to the amount 

implemented in the original FMP. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, a small entity 

compliance guide will be sent to all 

holders of Federal permits issued for the 

monkfish fishery. In addition, copies of 

this interim final rule and guide (i.e., 

permit holder letter) are available from 

NMFS (see ADDRESSES) and at the 

following website: http:// 

www.nero.noaa.gov/nero/nr/index.html. 

This interim final rule contains one 

new collection-of-information 

requirement subject to the PRA and 

which has been approved by OMB 

under control number 0648–0561. 

Public reporting burden for the DAS 

declaration change provision for limited 

access monkfish vessels fishing in the 

NFMA is estimated to average 5 minutes 

per response, including the time for 

reviewing instructions, searching 


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Federal Register / Vol. 72, No. 183 / Friday, September 21, 2007 / Rules and Regulations 53949 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. Send comments 

regarding this burden estimate or any 

other aspect of this data collection, 

including suggestions for reducing the 

burden, to NMFS (see ADDRESSES) and 

by e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

202–395–7285. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB control number. 

List of Subjects 

15 CFR Part 902 

Reporting and recordkeeping 

requirements. 

50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: September 14, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 15 CFR part 902 and 50 CFR 

part 648 are amended as follows: 

PART 902—NOAA INFORMATION 

COLLECTION REQUIREMENTS UNDER 

THE PAPERWORK REDUCTION ACT: 

OMB CONTROL NUMBERS 

■ 1. The authority citation for part 902 

continues to read as follows: 

Authority: 44 U.S.C. 3501 et seq. 

■ 2. In § 902.1, the table in paragraph (b) 

under ‘‘50 CFR’’ is amended by adding 

a new entry to read as follows: 

§ 902.1 OMB control numbers assigned 

pursuant to the Paperwork Reduction Act. 

* * * * * 

(b) Display. 

CFR part or section where the 

information collection requirement is located 

Current 

OMB control number (all 

numbers 

begin with 

0648–) 

*****

50 CFR 

*****

648.92 –0561 

*****

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 3. The authority citation for part 648 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 4. In § 648.4, paragraphs (a)(9)(i)(A)(6) 

and (7) headings are revised to read as 

follows: 

§ 648.4 Vessel permits. 

* * * * * 

(a) * * * 

(9) * * * 

(i) * * * 

(A) * * * 

(6) Category G permit (vessels 

restricted to fishing south of 38°40′ N. 

lat. As described in § 648.92(b) that do 

not qualify for a monkfish limited 

access Category A, B, C, or D 

permit).* * * 

(7) Category H permit (vessels 

restricted to fishing south of 38°40′ N. 

lat. As described in § 648.92(b) that do 

not qualify for a monkfish limited 

access Category A, B, C, D, or G 

permit).* * * 

* * * * * 

■ 5. In § 648.14, paragraph (y)(21) is 

revised to read as follows: 

§ 648.14 Prohibitions. 

* * * * * 

(y) * * * 

(21) Fail to comply with the area 

declaration requirements specified at 

§ 648.94(f) when fishing under a scallop, 

NE multispecies, or monkfish DAS 

exclusively in the NFMA under the less 

restrictive measures of that area. 

* * * * * 

■ 6. In § 648.85, paragraph (b)(6)(iv)(D) 

is revised to read as follows: 

§ 648.85 Special management programs. 

* * * * * 

(b) * * * 

(6) * * * 

(iv) * * * 

(D) Landing limits. Unless otherwise 

specified in this paragraph (b)(6)(iv)(D), 

a NE multispecies vessel fishing in the 

Regular B DAS Program described in 

this paragraph (b)(6), and fishing under 

a Regular B DAS, may not land more 

than 100 lb (45.5 kg) per DAS, or any 

part of a DAS, up to a maximum of 

1,000 lb (454 kg) per trip, of any of the 

following species/stocks: Cod, American 

plaice, white hake, witch flounder, 

SNE/MA winter flounder, GB winter 

flounder, GB yellowtail flounder, 

southern windowpane flounder, and 

ocean pout; and may not land more than 

25 lb (11.3 kg) per DAS, or any part of 

a DAS, up to a maximum of 250 lb (113 

kg) per trip of CC/GOM or SNE/MA 

yellowtail flounder. In addition, trawl 

vessels, which are required to fish with 

a haddock separator trawl as specified 

under paragraph (b)(6)(iv)(J) of this 

section, and other gear that may be 

required in order to reduce catches of 

stocks of concern as described under 

paragraph (b)(6)(iv)(J) of this section, are 

restricted to the following trip limits: 

500 lb (227 kg) of all flatfish species 

(American plaice, witch flounder, 

winter flounder, windowpane flounder, 

and GB yellowtail flounder), combined; 

500 lb (227 kg) of monkfish (whole 

weight); 500 lb (227 kg) of skates (whole 

weight); and zero possession of lobsters, 

unless otherwise restricted by 

§ 648.94(b)(3). 

* * * * * 

■ 7. In § 648.91, paragraph (c)(1)(iii) is 

revised to read as follows: 

§ 648.91 Monkfish regulated mesh areas 

and restrictions on gear and methods of 

fishing. 

* * * * * 

(c) * * * 

(1) * * * 

(iii) Gillnets while on a monkfish 

DAS. The minimum mesh size for any 

gillnets used by a vessel fishing under 

a monkfish DAS is 10–inch (25.4–cm) 

diamond mesh, unless otherwise 

provided for under § 648.92(b)(1)(iii)(B). 

* * * * * 

■ 8. In § 648.92, paragraph (b)(2)(iii) is 

removed, and paragraphs (b)(1), (b)(2)(i), 

(b)(2)(ii)(B), and (b)(9)(i) are revised to 

read as follows: 

§ 648.92 Effort-control program for 

monkfish limited access vessels. 

* * * * * 

(b) * * * 

(1) Limited access monkfish permit 

holders—(i) General provision. Limited 

access monkfish permit holders shall be 

allocated 31 monkfish DAS each fishing 

year to be used in accordance with the 

restrictions of this paragraph (b), unless 

otherwise restricted by paragraph 

(b)(1)(ii) of this section or modified by 

§ 648.96(b)(3), or unless the vessel is 

enrolled in the Offshore Fishery 

Program in the SFMA, as specified in 

paragraph (b)(1)(iv) of this section. The 

annual allocation of monkfish DAS shall 

be reduced by the amount calculated in 

paragraph (b)(1)(v) of this section for the 

research DAS set-aside. Limited access 

NE multispecies and limited access sea 

scallop permit holders who also possess 

a limited access monkfish permit must 

use a NE multispecies or sea scallop 

DAS concurrently with each monkfish 

DAS utilized, except as provided in 

paragraph (b)(2) of this section, unless 

otherwise specified under this subpart 

F. 


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53950 Federal Register / Vol. 72, No. 183 / Friday, September 21, 2007 / Rules and Regulations 

(ii) DAS restrictions for vessels fishing 

in the SFMA. Limited access monkfish 

vessels may only use 23 of their 31 

monkfish DAS allocation in the SFMA. 

All limited access monkfish vessels 

fishing in the SFMA must declare that 

they are fishing in this area through the 

vessel call-in system or VMS prior to the 

start of every trip. In addition, if a vessel 

does not possess a valid letter of 

authorization from the Regional 

Administrator to fish in the NFMA as 

described in § 648.94(f), NMFS shall 

presume that any monkfish DAS used 

were fished in the SFMA. 

(iii) DAS declaration provision for 

vessels fishing in the NFMA with a VMS 

unit. Any limited access NE 

multispecies vessel fishing under a NE 

multispecies Category A DAS in the 

NFMA, and issued an LOA as specified 

in § 648.94(f), may change its DAS 

declaration to a monkfish DAS through 

the vessel’s VMS unit during the course 

of the trip, but prior to crossing the VMS 

demarcation line upon its return to port 

or leaving the NFMA, if the vessel 

exceeds the incidental catch limit 

specified under § 648.94(c). 

(A) Vessels that change their DAS 

declaration from a NE multispecies 

Category A DAS to a monkfish DAS 

during the course of a trip remain 

subject to the NE multispecies DAS 

usage requirements (i.e., use a NE 

multispecies Category A DAS in 

conjunction with the monkfish DAS) 

described in paragraph (b)(2)(i) of this 

section. 

(B) Gillnet vessels that change their 

DAS declaration in accordance with this 

paragraph (b)(1)(iii) are not subject to 

the gillnet minimum mesh size 

restrictions found at § 648.91(c)(1)(iii), 

but are subject to the smaller NE 

multispecies minimum mesh 

requirements for gillnet vessels found 

under § 648.80 based upon the NE 

Multispecies Regulated Mesh Area in 

which the vessel is fishing. 

(iv) Offshore Fishery Program DAS 

allocation. A vessel issued a Category F 

permit, as described in § 648.95, shall be 

allocated a prorated number of 

monkfish DAS as specified in 

§ 648.95(g)(2). 

(v) Research DAS set-aside. A total of 

500 DAS shall be set aside and made 

available for cooperative research 

programs as described in paragraph (c) 

of this section. These DAS shall be 

deducted from the total number of DAS 

allocated to all monkfish limited access 

permit holders, as specified under 

paragraph (b)(1)(i) of this section. A per 

vessel deduction shall be determined as 

follows: Allocated DAS minus the 

quotient of 500 DAS divided by the total 

number of limited access permits issued 

in the previous fishing year. For 

example, if the DAS allocation equals 31 

DAS and there were 750 limited access 

monkfish permits issued during FY 

2006, the number of DAS allocated to 

each vessel during FY 2007 would be 31 

DAS minus 0.7 (500 DAS divided by 

750 permits), or 30.3 DAS. 

(2) * * * 

(i) Unless otherwise specified in 

paragraph (b)(2)(ii) of this section, each 

monkfish DAS used by a limited access 

NE multispecies or scallop DAS vessel 

holding a Category C, D, F, G, or H 

limited access monkfish permit shall 

also be counted as a NE multispecies or 

scallop DAS, as applicable, except when 

a Category C, D, F, G, or H vessel with 

a limited access NE multispecies DAS 

permit has an allocation of NE 

multispecies Category A DAS, specified 

under § 648.82(d)(1), that is less than 

the number of monkfish DAS allocated 

for the fishing year May 1 through April 

30. Under this circumstance, the vessel 

may fish under the monkfish limited 

access Category A or B provisions, as 

applicable, for the number of DAS that 

equal the difference between the 

number of its allocated monkfish DAS 

and the number of its allocated NE 

multispecies Category A DAS. For such 

vessels, when the total allocation of NE 

multispecies Category A DAS has been 

used, a monkfish DAS may be used 

without concurrent use of a NE 

multispecies DAS, provided that the 

vessel fishes under the regulations 

pertaining to a Category B vessel and 

does not retain any regulated NE 

multispecies. For example, if a 

monkfish Category D vessel’s NE 

multispecies Category A DAS allocation 

is 20, and the vessel fished 20 of its 31 

monkfish DAS, 20 NE multispecies 

Category A DAS would also be used. 

However, after all 20 NE multispecies 

Category A DAS are used, the vessel 

may utilize its remaining 11 monkfish 

DAS to fish for monkfish, without a NE 

multispecies DAS being used. A vessel 

holding a Category C, D, F, G, or H 

limited access monkfish permit may not 

use a NE multispecies Category B 

Regular DAS under the NE Multispecies 

Regular B DAS Program, as specified 

under § 648.85(b)(6), in order to satisfy 

the requirement of this paragraph 

(b)(2)(i) to use a NE multispecies DAS 

concurrently with a monkfish DAS. 

(ii) * * * 

(A) * * * 

(B) A monkfish Category C, D, F, G, 

or H vessel that leases DAS to another 

vessel(s), pursuant to § 648.82(k), must 

forfeit a monkfish DAS for each NE 

multispecies DAS that the vessel leases, 

equal in number to the difference 

between the number of remaining NE 

multispecies DAS and the number of 

unused monkfish DAS at the time of the 

lease. For example, if a lessor vessel, 

which had 31 unused monkfish DAS 

and 35 allocated NE multispecies DAS, 

leased 10 of its NE multispecies DAS to 

another vessel, the lessor would forfeit 

6 of its monkfish DAS (10 - (35 NE 

multispecies DAS - 31 monkfish DAS) = 

6). 

* * * * * 

(9) * * * 

(i) Vessels issued monkfish limited 

access Category G or H permits may 

only fish under a monkfish DAS in the 

area south of 38°40′ N. lat. 

* * * * * 

■ 9. In § 648.94, paragraphs (b)(1), 

(b)(2)(i), (b)(2)(ii), (b)(3)(i), (b)(3)(ii), 

(b)(6), (c)(1)(i), and (c)(8) are revised to 

read as follows: 

§ 648.94 Monkfish possession and landing 

restrictions. 

* * * * * 

(b) * * * 

(1) Vessels fishing under the monkfish 

DAS program in the NFMA—(i) 

Category A and C vessels. Limited 

access monkfish Category A and C 

vessels that fish under a monkfish DAS 

exclusively in the NFMA may land up 

to 1,250 lb (567 kg) tail weight or 4,150 

lb (1,882 kg) whole weight of monkfish 

per DAS (or any prorated combination 

of tail weight and whole weight based 

on the conversion factor for tail weight 

to whole weight of 3.32). 

(ii) Category B and D vessels. Limited 

access monkfish Category B and D 

vessels that fish under a monkfish DAS 

exclusively in the NFMA may land up 

to 470 lb (213 kg) tail weight or 1,560 

lb (708 kg) whole weight of monkfish 

per DAS (or any prorated combination 

of tail weight and whole weight based 

on the conversion factor for tail weight 

to whole weight of 3.32). 

(2) Vessels fishing under the monkfish 

DAS program in the SFMA—(i) Category 

A, C, and G vessels. Limited access 

monkfish Category A, C, and G vessels 

that fish under a monkfish DAS in the 

SFMA may land up to 550 lb (249 kg) 

tail weight or 1,826 lb (828 kg) whole 

weight of monkfish per DAS (or any 

prorated combination of tail weight and 

whole weight based on the conversion 

factor for tail weight to whole weight of 

3.32). 

(ii) Category B, D, and H vessels. 

Limited access monkfish Category B, D, 

and H vessels that fish under a 

monkfish DAS in the SFMA may land 

up to 450 lb (204 kg) tail weight or 1,494 

lb (678 kg) whole weight of monkfish 

per DAS (or any prorated combination 

of tail weight and whole weight based 


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on the conversion factor for tail weight 

to whole weight of 3.32). 

* * * * * 

(3) * * * 

(i) NFMA. Limited access monkfish 

Category C, D, F, G, or H vessels that are 

fishing under a NE multispecies DAS, 

and not a monkfish DAS, exclusively in 

the NFMA are subject to the incidental 

catch limit specified in paragraph 

(c)(1)(i) of this section. Category C, D, F, 

G, and H vessels participating in the NE 

Multispecies Regular B DAS program, as 

specified under § 648.85(b)(6), are also 

subject to the incidental catch limit 

specified in paragraph (c)(1)(i) of this 

section. 

(ii) SFMA—(A) Category C, D, and F 

vessels. Limited access monkfish 

Category C, D, or F vessels that fish any 

portion of a trip under a NE 

multispecies DAS in the SFMA, and not 

a monkfish DAS, may land up to 300 lb 

(136 kg) tail weight or 996 lb (452 kg) 

whole weight of monkfish per DAS if 

trawl gear is used exclusively during the 

trip, or 50 lb (23 kg) tail weight or 166 

lb (75 kg ) whole weight per DAS if gear 

other than trawl gear is used at any time 

during the trip. Category C, D, and F 

vessels participating in the NE 

Multispecies Regular B DAS program, as 

specified under § 648.85(b)(6), are also 

subject to the incidental catch limit 

specified in paragraph (c)(1)(ii) of this 

section. 

(B) Category G and H vessels. Limited 

access monkfish Category G and H 

vessels that fish any portion of a trip 

under a NE multispecies DAS in the 

SFMA, and not under a monkfish DAS, 

are subject to the incidental catch limit 

specified in paragraph (c)(1)(ii) of this 

section. Category G and H vessels 

participating in the NE Multispecies 

Regular B DAS program, as specified 

under § 648.85(b)(6), are also subject to 

the incidental catch limit specified in 

paragraph (c)(1)(ii) of this section. 

* * * * * 

(6) Vessels not fishing under a NE 

multispecies, scallop, or monkfish DAS. 

The possession limits for all limited 

access monkfish vessels when not 

fishing under a NE multispecies, 

scallop, or monkfish DAS are the same 

as those possession limits applicable to 

a vessel issued a monkfish incidental 

catch permit specified under paragraphs 

(c)(3) through (c)(8) of this section. 

* * * * * 

(c) * * * 

(1) * * * 

(i) NFMA. Vessels issued a valid 

monkfish incidental catch (Category E) 

permit or a valid limited access 

Category C, D, F, G, or H permit, fishing 

under a NE multispecies DAS 

exclusively in the NFMA may land up 

to 300 lb (136 kg) tail weight or 996 lb 

(452 kg) whole weight of monkfish per 

DAS, or 25 percent (where the weight of 

all monkfish is converted to tail weight) 

of the total weight of fish on board, 

whichever is less. For the purpose of 

converting whole weight to tail weight, 

the amount of whole weight possessed 

or landed is divided by 3.32. 

* * * * * 

(8) Scallop vessels not fishing under a 

scallop DAS with dredge gear—(i) 

General provisions. A vessel issued a 

valid monkfish incidental catch 

(Category E) permit or a valid limited 

access Category C, D, F, G, or H permit, 

and also possessing a valid General 

Category sea scallop permit or a limited 

access sea scallop vessel not fishing 

under a scallop DAS, while fishing 

exclusively with scallop dredge gear as 

specified in § 648.51(b), may possess, 

retain, and land up to 50 lb (23 kg) tail 

weight or 166 lb (75 kg) whole weight 

of monkfish per day or partial day, not 

to exceed 150 lb (68 kg) tail weight or 

498 lb (226 kg) whole weight per trip, 

unless otherwise specified in paragraph 

(c)(8)(ii) of this section. 

(ii) Limited access scallop vessels 

fishing in Sea Scallop Access Areas. A 

vessel issued a valid monkfish 

incidental catch (Category E) permit or 

a valid limited access Category C, D, F, 

G, or H permit, and also possessing a 

limited access sea scallop permit while 

fishing exclusively with scallop dredge 

gear as specified in § 648.51(b), and 

fishing in one of the established Sea 

Scallop Access Areas specified under 

§ 648.59, may possess, retain, and land 

up to 300 lb (136 kg) tail weight or 996 

lb (452 kg) whole weight of monkfish 

per day or partial day fished within the 

boundaries of the Sea Scallop Access 

Area. Time within the applicable access 

area, for purposes of determining the 

incidental catch limit, will be 

determined through the vessel’s VMS 

unit. 

* * * * * 

■ 10. In § 648.96, the section heading is 

revised, paragraphs (a) heading, and 

(b)(1) through (b)(4) are revised, and 

paragraphs (b)(5) and (b)(6) are added to 

read as follows: 

§ 648.96 Monkfish annual target TACs and 

framework specifications. 

(a) Annual review. * * * 

(b) * * * 

(1) Annual Target TACs for FY 2007 

through FY 2009—(i) NFMA. The 

annual target TAC for the NFMA is 

5,000 mt for FY 2007 through FY 2009, 

unless otherwise recommended by the 

MFMC through its annual review 

procedure specified in paragraph (a) of 

this section, and adopted through the 

procedures outlined in paragraph (b)(4) 

of this section. 

(ii) SFMA. The annual target TAC for 

the SFMA is 5,100 mt for FY 2007 

through FY 2009, unless otherwise 

recommended by the MFMC through its 

annual review procedure specified in 

paragraph (a) of this section, and 

adopted through the procedures 

outlined in paragraph (b)(4) of this 

section. 

(2) Annual Target TACS for FY 2010 

and beyond. If a regulatory action is not 

implemented to establish target TACs 

for the monkfish fishery for FY 2010 or 

subsequent years, either through the 

annual review procedure described in 

paragraph (a) of this section or another 

type of regulatory action, the target 

TACs in effect during FY 2007 - FY 

2009 will remain in effect until new 

measures are implemented. The 

management measures for FY 2010 or 

subsequent years that would be 

associated with these target TACs are 

described in paragraph (b)(6) of this 

section. 

(3) Setting DAS allocations—(i) The 

process of determining the appropriate 

DAS allocations for each management 

area involves first estimating incidental 

landings for each management area and 

then estimating the proportional catch 

for permit categories A and C, and 

permit categories B, D, and H based 

upon vessel trip reports for the most 

recently completed fishing year for 

which a complete set of landings data 

exists. The landings proportions 

generated for each permit category 

group (A and C versus B, D, and H) are 

then used to estimate the landings that 

would be associated with each permit 

category group under a given target 

TAC, less projected incidental landings. 

For example, a target TAC of 5,100 mt 

equates to 11,243,580 lb (5,100,000 kg). 

If incidental landings for the SFMA are 

projected to be 2,070,000 lb (938,936 kg) 

the total amount of the target TAC 

available to limited access vessels 

would be 9,173,580 lb (4,161,066 kg). If 

the proportion of landings for permit 

category A and C vessels is 37 percent, 

and the proportion for permit category 

B, C, and H vessels is 63 percent, then 

the landing levels associated with each 

permit category group under this target 

TAC would be 3,394,225 lb (1,539,595 

kg) and 5,779,355 lb (2,621,471 kg), 

respectively. 

(ii) Landings are assumed to be fixed 

at a constant rate per day for each 

vessel, equivalent to the average daily 

landings of each vessel in the reference 

year, of the last applicable full year of 

landings data (a year is applicable if the 


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53952 Federal Register / Vol. 72, No. 183 / Friday, September 21, 2007 / Rules and Regulations 

TAC in that year was lower than the 

TAC in the year to be calculated). 

(iii) To adjust for the ability of vessels 

to carryover up to 10 unused monkfish 

DAS from the previous fishing year to 

the current fishing year, adjustments to 

DAS usage shall be made by first 

reducing the landings for all permit 

holders who have used more than the 

annual DAS allocation specified in 

§ 648.94(b)(1)(i) (e.g., 31 monkfish DAS) 

by the proportion of DAS exceeding that 

annual DAS allocation, and then 

resetting the upper limit of DAS usage 

at the annual DAS allocation. 

(iv) Linear interpolation is then used 

to determine which DAS level would 

closest achieve the estimated landing 

levels for each permit category group 

under a given target TAC. 

(4) Council TAC Recommendations. 

The Councils shall consider any target 

TAC(s) recommended by the MFMC as 

part of its annual review specified in 

paragraph (a) of this section, and then 

forward their target TAC 

recommendation to the Regional 

Administrator. If the Councils 

recommend target TAC(s) to the 

Regional Administrator, and the 

Regional Administrator concurs with 

this recommendation, the Regional 

Administrator shall promulgate the 

target TAC(s) and associated 

management measures through 

rulemaking consistent with the APA. If 

the Regional Administrator does not 

concur with the Councils’

recommendation, then the Councils 

shall be notified in writing of the 

reasons for the non-concurrence. 

(5) Target TAC Overages—(i) If 

monkfish landings exceed the annual 

target TAC for either management area 

by more than 10 percent but less than 

or equal to 30 percent during FY 2007, 

the Regional Administrator shall adjust 

the annual monkfish DAS allocation for 

the management area in which the 

overage occurred, through rulemaking 

consistent with the APA, for FY 2009 

using catch and effort information for 

FY 2007 according to the procedures 

outlined in paragraph (b)(3) of this 

section. 

(ii) If monkfish landings exceed the 

annual target TAC for either 

management area by more than 30 

percent during FY 2007, the Regional 

Administrator shall reduce the annual 

monkfish DAS allocation to zero for FY 

2009 for the management area in which 

the overage occurred, through 

rulemaking consistent with the APA. 

(6) Management measures for FY 

2010 and beyond. If a regulatory action 

is not implemented to establish 

management measures for the monkfish 

fishery for FY 2010 or subsequent years, 

either through the annual review 

process or another type of regulatory 

action, the management measures in 

effect during FY 2009 (i.e., trip limits 

and DAS allocations) will remain in 

effect until new measures are 

implemented, with the following 

exception. If the monkfish DAS 

allocation is reduced to zero in either 

management area during FY 2009 as a 

result of the target TAC overage 

provision described in paragraph (b)(3) 

of this section, the annual DAS 

allocation and associated trip limits for 

that management area for FY 2010 and 

beyond will be equivalent to the annual 

monkfish DAS allocation and trip limits 

in effect during FY 2008, unless 

otherwise recommended by the MFMC 

through its annual review procedure 

specified in paragraph (a) of this 

section, or superceded by a subsequent 

regulatory action. 

* * * * * 

[FR Doc. 07–4667 Filed 9–17–07; 3:23 pm] 

BILLING CODE 3510–22–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2003–0090; FRL–8469–8] 

RIN 2060–AO05 

Extension of the Deferred Effective 

Date for 8-Hour Ozone National 

Ambient Air Quality Standards for the 

Denver Early Action Compact 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is taking final action 

to extend the deferral of the effective 

date of the 8-hour ozone National 

Ambient Air Quality Standard (NAAQS) 

designation for the Denver Early Action 

Compact (EAC) from September 14, 

2007 to November 20, 2007. The EAC 

areas have agreed to reduce groundlevel ozone pollution earlier than the 

Clean Air Act (CAA) requires. On 

November 29, 2006, EPA extended the 

deferred effective date for the Denver 

EAC area from December 31, 2006, to 

July 1, 2007. In that final rulemaking, 

EPA noted that there was litigation 

regarding the deferral of the effective 

date for the Denver EAC and that the 

parties were discussing settlement. 

Thus, in the interest of maintaining the 

status quo while settlement discussion 

proceeded, EPA issued a brief further 

deferral of the effective date of the 

nonattainment designation until 

September 14, 2007. The parties are 

continuing settlement discussions. EPA 

is issuing at this time a short further 

deferral of the effective date of Denver’s 

designation for the 8-hour ozone 

standard from September 14, 2007 to 

November 20, 2007. 

DATES: Effective Date: This final rule is 

effective on September 14, 2007. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2003–0090. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Docket, 

EPA/DC, EPA West Building, EPA 

Headquarters Library, Room 3334, 

located at 1301 Constitution Ave., NW., 

Washington, DC. The EPA/DC Public 

Reading Room Hours of operation will 

be 8:30 a.m. to 4:30 p.m. Eastern 

Standard Time (EST), Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the Office of 

Air and Radiation Docket is (202) 566–

1742. The Air and Radiation Docket 

Information Center’s e-mail address is aand-r-Docket@epa.gov, and Web address 

is: http://www.epa.gov/oar/docket.html. 

In addition, we have placed a copy of 

the rule and a variety of materials 

relevant to EAC areas on EPA’s Web site 

at http://www.epa.gov/ttn/naaqs/ozone/ 

eac/. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Barbara Driscoll, Office of Air Quality 

Planning and Standards, U.S. 

Environmental Protection Agency, Mail 

Code C539–04, Research Triangle Park, 

NC 27711, phone number (919) 541–

1051 or by e-mail at: 

driscoll.barbara@epa.gov or Mr. David 

Cole, Office of Air Quality Planning and 

Standards, U.S. Environmental 

Protection Agency, Mail Code C304–05, 

Research Triangle Park, NC 27711, 

phone number (919) 541–5565 or by 

e-mail at: cole.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

This action applies only to the Denver 

EAC area. 


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